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AR SB283

Bill

Status

Failed

5/1/2023

Primary Sponsor

Ben Gilmore

Click for details

Origin

Senate

94th General Assembly (2023 Regular)

AI Summary

  • Creates "Death by Delivery" offenses under Arkansas Code Title 5, Chapter 10, establishing criminal liability for delivering controlled substances that result in death, with separate categories for fentanyl, methamphetamine, heroin, cocaine, and other controlled substances

  • Establishes "Aggravated death by delivery" as an unclassified felony with sentences of 20-60 years or life imprisonment for knowingly delivering fentanyl resulting in death, or life imprisonment for delivering fentanyl/methamphetamine/heroin/cocaine to minors

  • Creates "Death by delivery in the first degree" (Class Y felony, reducible to Class A felony under certain circumstances) for delivering methamphetamine, heroin, or cocaine resulting in death, and "Death by delivery in the second degree" for other controlled substances or counterfeit substances

  • Establishes new offense of "Predatory marketing of fentanyl to minors" as an unclassified felony punishable by life imprisonment and a $1,000,000 fine for possessing or delivering fentanyl designed to appeal to minors through shape, color, taste, design, or packaging

  • Increases penalties for fentanyl trafficking to an unclassified felony with 25-60 years or life imprisonment plus $1,000,000 fine, and exempts fentanyl test strips from drug paraphernalia definitions; declares emergency effective immediately upon governor's approval or other specified date

Legislative Description

Creating The Fentanyl Enforcement And Accountability Act Of 2023; Concerning Fentanyl And Other Controlled Substances; To Establish Increased Penalties; And To Declare An Emergency.

Last Action

Sine Die adjournment

5/1/2023

Committee Referrals

Judiciary2/20/2023

Full Bill Text

No bill text available